GENERAL TERMS AND CONDITIONS OF SALE
Hereinafter the General Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website https://www.Khurts.com (hereinafter the "SITE") from the company Liavero Group, SARL registered in the trade and companies register of Cusset under the number 888641479, with its registered office at 18 rue des tanneries, 03000 Moulins, France. Phone: 06 22 45 28 78, email: yann@khurts.com (hereinafter the "SELLER")
PREAMBLE
It is reminded that crossbow hunting is prohibited in France, you risk a fine or a more severe penalty if you hunt with it, or if you transport it "assembled and ready for use". We decline all responsibility.
It is also reminded that one must be of legal age to have the right to purchase a crossbow or a knife. By accepting these terms, you affirm that you are of legal age, and we may request proof of identity to ensure this.
IMPORTANT
Any order placed on the SITE necessarily implies the CLIENT's unconditional acceptance of these general terms of sale.
Article 1. DEFINITION
The terms used below have, in these General Conditions, the following meaning:
- "CLIENT": refers to the SELLER's contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CLIENT acts outside of any habitual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
- "PRODUCTS": refers to all products available on the SITE.
- "TERRITORY": refers to Metropolitan FRANCE, including Corsica (excluding overseas departments and territories).
Article 2. PURPOSE
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's commercial service to benefit from distinct contractual conditions.
Article 3. ACCEPTANCE OF GENERAL CONDITIONS
The CLIENT agrees to carefully read these General Conditions and accept them before proceeding with the payment of a PRODUCT order placed on the SITE.
These General Terms and Conditions are referenced at the bottom of each page of the SITE via a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download, print the General Terms and Conditions and keep a copy.
The SELLER advises the CLIENT to read the General Terms and Conditions with each new order, as the latest version of these Terms applies to any new PRODUCT order.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if they are a minor, be able to justify the agreement of their legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The asterisk (*) indicates mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of their order on the SITE. DELIVERY tracking can, if applicable, be done using the online tracking tools of certain carriers. The CLIENT can also contact the SELLER's commercial service at any time by email at yann@khurts.com to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate, and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility, and the information provided.
Article 5. ORDERS
Article 5.1 Product characteristics
The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).
The CUSTOMER agrees to carefully read this information before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, particularly due to constraints related to its suppliers.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with European legislation in force and applicable standards in France.
Article 5.2. Order Procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's starting page, the steps may slightly differ).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the concerned PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER's cart. The latter can then add as many PRODUCTS to their cart as they wish.
5.2.2. Orders
Once the PRODUCTS are selected and placed in their cart, the CUSTOMER must click on the cart and verify that the content of their order is correct. If the CUSTOMER has not already done so, they will then be invited to identify themselves or register.
Once the CLIENT has validated the contents of the cart and has identified/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes, and, if applicable, delivery costs.
The CLIENT is invited to verify the content of their order (including the quantity, characteristics, and references of the ordered PRODUCTS, billing address, payment method, and price) before validating its content.
The CLIENT can then proceed with the payment of the PRODUCTS by following the instructions on the SITE and provide all necessary information for billing and DELIVERY of the PRODUCTS.
Regarding PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Orders placed must include all information necessary for proper order processing.
The CUSTOMER must also indicate the chosen delivery method.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order confirmation is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by postal mail or fax.
5.2.4. Invoicing
During the ordering process, the CUSTOMER must enter the necessary billing information (the asterisk (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all information related to the DELIVERY, particularly the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CLIENT must then specify the chosen payment method.
Neither the order form that the CLIENT establishes online, nor the order confirmation that the SELLER sends to the CLIENT by email constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start running from this date.
5.4. Price
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros including all taxes, as well as applicable shipping costs (based on the weight of the package, excluding packaging and gifts, the DELIVERY address, and the chosen carrier or transport method).
Prices include, in particular, the value-added tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may impact the price of PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is the one indicated on the SITE on the date when the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a "just-in-time" stock management. Therefore, depending on the case, the availability of PRODUCTS depends on the SELLER's stock.
The SELLER commits to fulfilling the received orders subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is generally indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER commits to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request:
- Either offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again,
- Either proceed with a partial shipment of available PRODUCTS initially, then ship the rest of the order when the other PRODUCTS are available, subject to clear information regarding additional shipping costs that may be incurred,
- Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will obtain a refund of all amounts paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "withdrawal policy", a policy available in Appendix 1 of this document and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Payment methods
The CLIENT can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that they have all the required authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the SITE.
It is specified in this regard that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCT order is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER's Customer Service to pay for the order by any other valid payment method.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the money flow due by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of an amount exceeding 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information to ensure transaction tracking and to produce a copy of the contract at the CLIENT's request.
In case of dispute, the SELLER will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the delivered PRODUCTS until they are fully paid for by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
Article 10. Delivery
The DELIVERY terms for PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 of this document and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards to ensure maximum protection for the PRODUCTS during DELIVERY. CLIENTS agree to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 'Withdrawal Policy'.
Article 12. Warranties
12.1. Conformity guarantee
The SELLER is required to deliver a conforming PRODUCT, that is, one suitable for the expected use of a similar item and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect based on public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER is likely to be responsible for conformity defects existing at the time of delivery and conformity defects resulting from packaging, assembly instructions, or installation when this was their responsibility or was carried out under their responsibility.
The action resulting from lack of conformity is prescribed by two (2) years from the DELIVERY of the PRODUCT.
In case of non-conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate compared to the other option available, considering the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair would be impossible, the SELLER commits to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 18 rue des tanneries.
12.2. Warranty against hidden defects
The SELLER is bound by the warranty for hidden defects of the PRODUCT sold that make it unfit for its intended use, or which diminish this use to such an extent that the CLIENT would not have acquired it, or would have given only a lesser price, had they known about them.
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the PRODUCT price if it is returned and a partial refund of its price if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER commits to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 18 rue des tanneries.
The action resulting from hidden defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Liability
The SELLER's liability cannot be engaged in any case of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, particularly during the input of their order.
The SELLER cannot be held responsible, or considered to have failed in these terms, for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and Tribunals.
It is further specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is provided as to their content.
Article 14. Personal Data
The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution, and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CLIENTS to its business partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS can change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978, relating to data processing, files, and freedoms, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons), and delete their personal data. They can exercise this right by sending an email to the address: yann@khurts.com or by sending a letter to 18 rue des tanneries.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending a photocopy of their identity document to the SELLER.
Article 15. Complaints
The SELLER provides the CLIENT with a "Customer Phone Service" at the following number: (non-premium rate number).
Any written complaint from the CUSTOMER must be sent to the following address: 18 rue des tanneries.
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who edits a website and wishes to create a direct hyperlink to the SITE must request written authorization from the SELLER.
This authorization from the SELLER will in no case be granted permanently. This link must be removed at the request of the SELLER. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms and Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms, shall not affect the validity of these General Terms. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Terms.
Any conditions not expressly addressed herein will be governed in accordance with the usage of the retail trade sector for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in effect at the time of the order.
Changes made to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In case of dispute, only French courts will have jurisdiction.
However, prior to any recourse to an arbitrator or state judge, negotiation will be favored in a spirit of loyalty and good faith in order to reach an amicable agreement when any conflict arises relating to this contract, including regarding its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its conclusion, the parties refrain from taking any legal action against each other regarding the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the urgent applications judge or to request an order on petition. Any possible action before the urgent applications judge or the implementation of a petition procedure does not entail any waiver by the parties of the amicable settlement clause, unless expressly stated otherwise.
APPENDIX 1 WITHDRAWAL POLICY
Principle of withdrawal
The CLIENT has, in principle, the right to return or give back the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER offers to retrieve the PRODUCT themselves.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.
If the CUSTOMER's order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw from this contract by means of an unambiguous statement to: 18 rue des tanneries or yann@khurts.com.
They can also use the form below:
WITHDRAWAL FORM
To the attention of [*] (*Contact details of)
SELLER's phone number*:
SELLER's FAX number*:
SELLER's email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice number:
Order form No.:
- Ordered on [____________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (except in case of transmission by email)
- Date
For the withdrawal period to be respected, the CLIENT must transmit their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal by the CUSTOMER, the SELLER commits to reimburse the total amount paid, including delivery costs, without undue delay and, in any case, no later than fourteen (14) days from the day the SELLER is informed of the CUSTOMER's decision to withdraw.
The SELLER will process the refund using the same payment method that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different method; in any case, this refund will not incur any costs for the client.
The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is earlier.
Return procedures
The CUSTOMER must, without undue delay and in any case no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the item to: 18 rue des tanneries.
This deadline is considered met if the CLIENT returns the item before the expiration of the fourteen-day period.
Return costs
The CLIENT will have to bear the direct costs of returning the item.
Condition of the returned item
The PRODUCT must be returned following the SELLER's instructions and include all accessories delivered.
The CLIENT's liability is only incurred with respect to the depreciation of the item resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility to test the PRODUCT but may be held liable if they engage in handling beyond what is necessary.
Packaging
The PRODUCTS are packaged in accordance with transport standards in force, to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must respect the same standards when returning PRODUCTS. As such, the CUSTOMER is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for resale.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market.
- Supply of goods made to the CLIENT's specifications or clearly personalized.
- Supply of goods likely to deteriorate or expire rapidly.
- Supply of sealed audio or video recordings or software that have been unsealed after delivery.
- Newspaper, periodical, magazine (except subscription contract).
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities if the offer provides for a specific date or period of execution.
- Supply of goods which, by their nature, are inseparably mixed with other items.
- Supply of sealed goods that cannot be returned for health protection or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY.
- The supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days, and whose actual value depends on market fluctuations beyond the SELLER's control.
- Supply of non-dematerialized digital content if the execution has begun with the express prior agreement of the consumer, who has also acknowledged that they will thus lose their right of withdrawal.
- Contracts concluded during a public auction.
APPENDIX 2 DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.
Shipping time
The timeframes for preparing an order and then establishing the invoice, before shipping the in-stock PRODUCTS, are mentioned on the SITE. These timeframes are understood to be excluding weekends or holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible shipping times and methods for the purchased PRODUCTS.
Shipping costs are calculated based on the delivery method. The amount of these costs will be owed by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are specified on the SITE.
DELIVERY Terms
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.
In case of absence, a delivery notice will be left for the CUSTOMER, allowing them to collect their package from their post office.
DELIVERY Issues
The CLIENT is informed of the delivery date set when they choose the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing that, the CUSTOMER must formally request the SELLER to deliver within a reasonable time, and in case of non-delivery within this period, they may terminate the contract.
The SELLER will reimburse, without excessive delay from the receipt of the cancellation letter, the CUSTOMER for the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER must notify us of any damage or partial loss observed during delivery as soon as possible.